West Devon Borough Council (23 008 130)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 01 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint that the Council has refused to provide her with temporary accommodation. This is because Miss X has a right of appeal and it is reasonable for her to use it.
The complaint
- Miss X complains the Council has not provided her with temporary accommodation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X made a homeless application with the Council.
- The Council found that Miss X was not in priority need and so it did not owe her a duty to provide temporary accommodation.
- The Housing Act 1996 gives homeless applicants a right of review about key decisions on their homelessness application. This includes a decision that a council does not owe someone the main housing duty under the Act because they are not in priority need.
- Miss X has requested a review of the Council’s decision.
- Councils must complete the review within eight weeks of receiving the review request. This period can be extended but only if the applicant agrees in writing. If Miss X wishes to challenge the review decision, or if the Council takes more than eight weeks to complete the review, Miss X may appeal on a point of law to the County Court. It is reasonable for Miss X to use her right of appeal.
Final decision
- We will not investigate Miss X’s complaint because Miss X has a right of appeal and it is reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman